43(B)log

APRIL 18, 2023

Geryon Ventures, LLC, 2023 WL 2903668, No. 10, 2023) Zest sued defendants for trademark/trade dress infringement, alleging that defendants’ DESSLoc suite of denture attachment products infringed the trademarks and trade dress of their Locator product suite. Zest Anchors, LLC v. 22-CV-230 TWR (NLS) (S.D.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

The TTABlog

MARCH 20, 2023

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. This blog post will summarize the high points of the decision.].

Registration 68

Registration Advertising Advertising Designs 68

The TTABlog

JULY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of August 2023. August 3, 2023 - 11 AM: TF Intellectual Property Pty Ltd v. August 3, 2023 - 1 PM: Mealpass, Inc. August 8, 2023 - 11 AM: In re Molina Healthcare, Inc. August 9, 2023 - 11 AM: Billy Stott v.

Contracts 52

Contracts Registration Designs Design 52

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. If you missed our live presentation, you can view a recording here. They may also consider the possibility of non-U.S.

Trademark 52

Trademark Registration Branding Brands 52

The TTABlog

DECEMBER 30, 2022

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine (IX) oral hearings for the month of January 2023. January 10, 2023 - 1 PM: In re OptConnect Management, LLC , Serial Nos. January 12, 2023 - 2 PM: Ultrasun AG v. January 17, 2023- 1 PM: In re Nature Cravings Pet Treats LLC , Serial Nos.

Registration 57

Registration Advertising Advertising Designs 57

43(B)log

APRIL 26, 2023

LLC, 2023 WL 3066119, No. 24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” I Dig Texas, LLC v. Creager Servs., 22-CV-0097-CVE-JFJ (N.D.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

Registration 80

Registration Trademark Trademark Law Law 80

LexBlog IP

JANUARY 17, 2024

From the Big Mac v Big Jack to the KFC v HFC – 2023 was the year of the burger. In Australia, the burger debate was first brought to our attention in 2020 following a marketing campaign by Hungry Jack’s Pty Ltd ( Hungry Jack’s ) for its limited-edition Big Jack burger.

Marketing 52

Marketing Marketing Branding Brands 52

Michael Geist

DECEMBER 26, 2023

The Most Dangerous Canadian Internet Bill You’ve Never Heard Of Is a Step Closer to Becoming Law , December 14, 2023 2. The Lose-Lose-Lose-Lose Bill C-18 Outcome: Meta Blocking News Links on Facebook and Instagram in Canada , August 2, 2023 3.

Social Media 74

Social Media Government Registration Advertising 74

The TTABlog

MAY 16, 2023

The Board denied a petition for cancellation of a Supplemental Registration for the mark LITTLE NOTES for address books, greeting cards, calendars, note paper, and the like, rejecting Petitioner Comptime's claim of likelihood of confusion with its alleged common law rights in the same mark for overlapping goods. Welch 2023.

Registration 52

Registration Advertising Advertising Copying 52

The TTABlog

DECEMBER 14, 2023

79303731 (December 12, 2023) [not precedential] (Opinion by Judge Cheryl S. It spent $500,000 advertising the GIGANTOSAURUS brand and enjoyed unsolicited press coverage for the GIGANTOSAURUS television show prior to its premiere date. Welch 2023. In re Cyber Group Studios , Serial No. Read comments and post your comment here.

Television 62

Television Registration Branding Brands 62

The TTABlog

SEPTEMBER 25, 2023

90381174 (September 21, 2023) [not precedential] (Opinion by Judge Thomas V. These two registrations do not outweigh the Examining Attorney’s evidence." Welch 2023. Evidence of third-party use of the phrase "a new kind of soda," mixed in with applicant's own usage, took the fizz out of applicant's arguments. In re Olipop Inc.

Trademark 70

Trademark Registration Advertising Advertising 70

SpicyIP

JANUARY 14, 2024

Recently, the Delhi High Court clarified that the distinctness, uniformity and stability (DUS) testing is a must before a plant variety registration application can be advertised by the Plant Varieties and Farmers’ Rights Authority. Sungro”), which were sent for DUS testing but also advertised before the testing results came in.

Advertising 64

Advertising Advertising Registration Reporting 64

The TTABlog

JULY 5, 2023

The Board rendered a split decision in this opposition to registration of the mark EVOGUE for a wide variety of consumer electronic devices and accessories, tossing out Opposer Advance Magazine's Section 2(d) claim but partly upholding its dilution claim, based on the registered mark VOGUE for, inter alia , magazines and mobile phone software.

Registration 52

Registration Trademark Ownership Advertising 52

The TTABlog

AUGUST 10, 2023

The Board agreed with Examining Attorney Bridget Watson that Exhart's proof of acquired distinctiveness was insufficient to justify registration. 90006864 (August 8, 2023) [not precedential] (Opinion by Judge Michael B. Welch 2023. In re Exhart Environmental Systems, Inc. Is that what these things are supposed to do?

Advertising 52

Advertising Advertising Registration Designs 52

The IPKat

JULY 20, 2023

By decision dated June 15, 2023 ( original Romanian version and English machine translation ) the EUIPO rejected the application for registration of a European Union sound trade mark featuring the nursery rhyme “ Johnny Johnny Yes Papa ” on the grounds of lack of distinctiveness.

Registration 40

Registration Music Branding Brands 40

Intellectual Property Law Blog

MAY 2, 2023

On April 21, 2023, the Secretary of Homeland Security, Alejandro N. Additionally, on January 23, 2023, the National Institute of Standards and Technology (“NIST”) released the first version of its “ Artificial Intelligence Risk Management Framework ” (“AI RMF 1.0”). Patents On February 14, 2023, the U.S.

Government 237

Government Business Licensing Copyright 237

LexBlog IP

AUGUST 23, 2023

In the cases at issue, the Seminole Tribe of Florida (“Seminole Tribe”) sought trademark registration for a guitar-shaped building for hotel and casino services. And so, the TTAB granted registration to the Seminole Tribe’s guitar shaped building but denied registration to Palacio del Rio’s modular designed building.

Designs 52

Designs Design Advertising Advertising 52

TorrentFreak

FEBRUARY 16, 2024

Allegations of copyright infringement also featured in a complaint filed at an Arizona court in 2023, which hoped to quickly shut down a popular pirate site. The company’s complaint filed last year targeted the unknown domain registrant of kokoatv.net, kokoa.tv, and vidground.com. filed its complaint. Judge Michael T.

Copyright 111

Copyright Trademark Copyright Infringement Registration 111

Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

AUGUST 7, 2023

2023 WL 4947974, No. 2, 2023) A smoothly written opinion: As the complaint tells it, Paul Mitchell has long marketed its business and its products as “cruelty-free.” John Paul Mitchell Sys., 23-cv-00687-VC (N.D. The plaintiffs say they took Paul Mitchell at its word and bought some of those products.

Marketing 52

Marketing Marketing False Advertising Advertising 52

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.

Advertising 85

Advertising Advertising False Advertising Trademark 85

TorrentFreak

FEBRUARY 23, 2023

From February 28, 2023, availability of Western content on Russia’s legal streaming portals is set to nosedive. Domain Name Registrations Surge According to Russian cybersecurity firm Angara Security , registrations of domain names with a movie or TV show theme began to surge at the start of the month.

Cinema 129

Cinema Registration Reporting Licensing 129

SpicyIP

JUNE 12, 2023

on 05 June, 2023 (Bombay High Court) In a dispute pertaining to interpretation of the terms of the Long Form Agreement (LFA) between the parties, the Bombay High Court has clarified that termination of the agreement will not result in automatic re-assignment of copyright to the original assignor. Case: Super Cassettes Industries Pvt.

Copyright 98

Copyright Advertising Advertising Trademark 98

The TTABlog

APRIL 1, 2024

TTAB Sustains eBay's Section 2(d) Opposition to AFREBAY & Design for Advertising and Payment Processing Services TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out? In 2023, What Was The Rate of TTAB Affirmance of Section 2(d) Refusals to Register? The Top Ten TTAB Decisions of 2023 (Part II) Precedential No.

Designs 57

Designs Design Registration Trademark 57

The TTABlog

OCTOBER 5, 2023

91254647 (September 30, 2023) [not precedential] (Opinion by Judge Cheryl S. This suggestion was confirmed by Opposer's advertising, which "touts the California sunshine under which Opposer’s citrus fruits are grown." Welch 2023. Sunkist Growers, Inc. Intrastate Distributors, Inc. Opposition No. Text Copyright John L.

Advertising 67

Advertising Advertising Marketing Marketing 67

43(B)log

OCTOBER 11, 2023

22-1373 (GMM), 2023 WL 6201397, -- F. 22, 2023) Plaintiffs own Roberto Clemente’s IP rights and a registration for ROBERTO CLEMENTE for “figurines, statues and statuettes made of non-precious metal; beer cans made of non-precious metal sold empty.” (The False advertising: No Lexmark standing for want of proximate cause.

Licensing 49

Licensing False Advertising Advertising Advertising 49

The IPKat

NOVEMBER 12, 2023

This Kat is still digesting the latest Halloumi decision Trademarks Alessandro Cerri analysed the Republic of Cyprus' unsuccessful appeal against the registration of GRILLOUMI as a trade mark. If you've been too busy to keep up , this week's Never Too Late is here to bring you up to speed on the latest in the IPKat world.

Registration 67

Registration Patent Application Advertising Advertising 67

The IPKat

APRIL 22, 2024

The registration practice seems inconsistent. Background On 15 March 2023, Berliner Verkehrsbetriebe (‘BVG’, the company operating the public transportation system in Berlin), applied for a two-second long sound mark as an EU trade mark (no. The Board of Appeal’s decision BVG’s appeal was dismissed (case R2220-2023-5 ).

Art 62

Art Registration Intellectual Property Advertising 62

43(B)log

JULY 3, 2023

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. The order was temporarily stayed pending full authentication of the Colombian registrations.

False Advertising 59

False Advertising Advertising Advertising Registration 59

The IPKat

SEPTEMBER 30, 2023

As September is coming to an end , here are the latest events and opportunities for IPKat readers: ALAI European Author’s Right Award The 6th edition of the ALAI European Authors’ Right Award, supported by GESAC, is now accepting nominations for the 2023 edition. Candidates must send a one-page summary of the essay before 15 November 2023.

Intellectual Property 67

Intellectual Property Intellectual Property Management Editing IP 67

LexBlog IP

JULY 21, 2023

Last weekend, July 14 and July 15, 2023, TC Summer Fest put on an event, touted as the “ biggest rock weekend of the year ” with a “two-day festival-style music event” which included The Killers, The Flaming Lips, Death Cab For Cutie, and Imagine Dragons.

Trademark 52

Trademark Music Advertising Advertising 52

Above the Fold

JULY 21, 2023

Last weekend, July 14 and July 15, 2023, TC Summer Fest put on an event, touted as the “ biggest rock weekend of the year ” with a “two-day festival-style music event” which included The Killers, The Flaming Lips, Death Cab For Cutie, and Imagine Dragons. The TC Summer Fest was held as planned on July 14 and 15, 2023 at Target Field.

Trademark 52

Trademark Music Advertising Advertising 52

IP and Legal Filings

FEBRUARY 2, 2023

Following this development, MeitY released a draught modification (Proposed Amendment) to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 (IT Rules 2021) on January 2, 2023, expanding the scope of the IT Rules 2021 to include intermediaries for online gambling. Non-Compliance.

Due Diligence 84

Due Diligence Registration Government Technology 84

The TTABlog

NOVEMBER 22, 2023

The CAFC upheld the Board's dismissal [ TTABlogged here ] of Trek Bicycle's Section 2(d) opposition to registration of the mark RANGER TREK , in standard character and design form, for bags and clothing. Christina Isaacs , 2023 USPQ2d 1356 (Fed. 2023) [not precedential]. Welch 2023. Trek Bicycle Corporation v.

Registration 70

Registration Advertising Advertising Designs 70

SpicyIP

AUGUST 8, 2023

However, the July 2023 judgment of the Delhi High Court in Modern Foods v. The plaintiff’s case was a standard trademark infringement and passing off plea, founded upon its extensive advertisements, market share, goodwill and reputation and the defendant using a similar website and the word ‘MODERN’ in its marks.

Trademark 98

Trademark Registration Advertising Advertising 98

The TTABlog

APRIL 11, 2023

and which owns Registration No. 92067079 (April 6, 2023) [not precedential] (Opinion by Judge Christopher Larkin). The Board found that Puma's third-party registration evidence failed to show any conceptual weakness in the inherently distinctive standard-character CAT word mark. Welch 2023. "This case is a cat fight.

Registration 67

Registration Advertising Advertising Blogging 67